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20 Pennsylvania opinions name it 5 courts 1982–2023 2 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Tb v. Lrmgreen2 sentences2016Cognizable rights to custody arise where the legislature specifically authorizes the cause of action, or under the common law doctrine of in loco parentis.5 T.B., supra; J.A.L., supra. In the underlying custody action, the Appellants asserted that they had standing to seek primary physical and shared legal custody pursuant to the following statutory provisions of the Act: § 5324. 2010Pennsylvania recognizes the common law doctrine of in loco parentis. ‘In loco parentis is a legal status and proof of essential facts is required to support a conclusion that such a relationship exists.’ T.B. v. L.R.M., 567 Pa. 222 , 786 A.2d 913, 916 (2001). | 5 | 7 |
Stifnell v. Board of Adjustmentgreen2 sentences2001See Commonwealth v. Gerstner, 540 Pa. 116, 124 , 656 A.2d 108, 112 (1995) (“In loco parentis describes a relationship in which one assumes the legal rights and duties of parenthood.” (emphasis in original)); Morgan, 429 Pa. at 565 , 241 A.2d at 533 (in loco parent “puts himself in the situation of a lawful parent by assuming the obligations incident to the parental relationship”); Kransky v. Glen Alden Coal Co., 354 Pa. 425, 428 , 47 A.2d 645, 647 (1946) (in loco parent “assume[s] the rights, duties and responsibilities of a lawful parent to the child”); accord Black’s Law Dictionary 787 (6th 2001See Commonwealth v. Gerstner, 540 Pa. 116, 124 , 656 A.2d 108, 112 (1995) (“In loco parentis describes a relationship in which one assumes the legal rights and duties of parenthood.” (emphasis in original)); Morgan, 429 Pa. at 565 , 241 A.2d at 533 (in loco parent “puts himself in the situation of a lawful parent by assuming the obligations incident to the parental relationship”); Kransky v. Glen Alden Coal Co., 354 Pa. 425, 428 , 47 A.2d 645, 647 (1946) (in loco parent “assume[s] the rights, duties and responsibilities of a lawful parent to the child”); accord Black’s Law Dictionary 787 (6th | 4 | 4 |
Commonwealth v. Gerstnergreen2 sentences2001See Commonwealth v. Gerstner, 540 Pa. 116, 124 , 656 A.2d 108, 112 (1995) (“In loco parentis describes a relationship in which one assumes the legal rights and duties of parenthood.” (emphasis in original)); Morgan, 429 Pa. at 565 , 241 A.2d at 533 (in loco parent “puts himself in the situation of a lawful parent by assuming the obligations incident to the parental relationship”); Kransky v. Glen Alden Coal Co., 354 Pa. 425, 428 , 47 A.2d 645, 647 (1946) (in loco parent “assume[s] the rights, duties and responsibilities of a lawful parent to the child”); accord Black’s Law Dictionary 787 (6th 2001See Commonwealth v. Gerstner, 540 Pa. 116, 124 , 656 A.2d 108, 112 (1995) (“In loco parentis describes a relationship in which one assumes the legal rights and duties of parenthood.” (emphasis in original)); Morgan, 429 Pa. at 565 , 241 A.2d at 533 (in loco parent “puts himself in the situation of a lawful parent by assuming the obligations incident to the parental relationship”); Kransky v. Glen Alden Coal Co., 354 Pa. 425, 428 , 47 A.2d 645, 647 (1946) (in loco parent “assume[s] the rights, duties and responsibilities of a lawful parent to the child”); accord Black’s Law Dictionary 787 (6th | 4 | 4 |
Kransky v. Glen Alden Coal Co.green2 sentences2001See Commonwealth v. Gerstner, 540 Pa. 116, 124 , 656 A.2d 108, 112 (1995) (“In loco parentis describes a relationship in which one assumes the legal rights and duties of parenthood.” (emphasis in original)); Morgan, 429 Pa. at 565 , 241 A.2d at 533 (in loco parent “puts himself in the situation of a lawful parent by assuming the obligations incident to the parental relationship”); Kransky v. Glen Alden Coal Co., 354 Pa. 425, 428 , 47 A.2d 645, 647 (1946) (in loco parent “assume[s] the rights, duties and responsibilities of a lawful parent to the child”); accord Black’s Law Dictionary 787 (6th 2001See Commonwealth v. Gerstner, 540 Pa. 116, 124 , 656 A.2d 108, 112 (1995) (“In loco parentis describes a relationship in which one assumes the legal rights and duties of parenthood.” (emphasis in original)); Morgan, 429 Pa. at 565 , 241 A.2d at 533 (in loco parent “puts himself in the situation of a lawful parent by assuming the obligations incident to the parental relationship”); Kransky v. Glen Alden Coal Co., 354 Pa. 425, 428 , 47 A.2d 645, 647 (1946) (in loco parent “assume[s] the rights, duties and responsibilities of a lawful parent to the child”); accord Black’s Law Dictionary 787 (6th | 4 | 4 |
In Re CBgreen2 sentences2007A recent panel of this Court analyzed this holding, stating that “Davis stands for the sound proposition that the doctrine of in loco parentis should not be employed when determining whether a child has a parent for purposes of determining whether a child is dependent and thus, whether agency involvement should be initiated.” In re C.B., 861 A.2d 287, 297 (Pa.Super.2004). 2007In re Davis, 502 Pa. 110 , 465 A.2d 614 (1983). *274 A recent panel of this Court analyzed this holding, stating that " Davis stands for the sound proposition that the doctrine of in loco parentis should not be employed when determining whether a child has a parent for purposes of determining whether a child is dependent and thus, whether agency involvement should be initiated." In re C.B., 861 A.2d 287, 297 (Pa.Super.2004). | 2 | 2 |
Brown v. Commonwealth, Department of Healthgreen1 sentence2023Although Father initially contested Maternal Aunt’s intervention in the custody case, Father then consented to Maternal Aunt sharing custody of the Children with Paternal Grandparents.8 We have long held, “[a] party who has acquiesced in an order or judgment will not later be heard to challenge it." Karkaria v. Karkaria, 592 A.2d 64, 71 (Pa. Super. 1991) (citing Brown v. Commonwealth, Department of Health, 434 A.2d 1179 (Pa. 1981) (“Ordinarily, a party who consents to, or acquiesces in, a judgment or order cannot appeal therefrom.”)). | 1 | 1 |
Karkaria v. Karkariagreen1 sentence2023Although Father initially contested Maternal Aunt’s intervention in the custody case, Father then consented to Maternal Aunt sharing custody of the Children with Paternal Grandparents.8 We have long held, “[a] party who has acquiesced in an order or judgment will not later be heard to challenge it." Karkaria v. Karkaria, 592 A.2d 64, 71 (Pa. Super. 1991) (citing Brown v. Commonwealth, Department of Health, 434 A.2d 1179 (Pa. 1981) (“Ordinarily, a party who consents to, or acquiesces in, a judgment or order cannot appeal therefrom.”)). | 1 | 1 |
K.W. v. S.L.green1 sentence2018Beltran v. Piersody, 748 A.2d 715 (Pa. Super. 2000); see also K.W. v. S.L., 157 A.3d 498, 502 (Pa. Super. 2017) (“Father concedes that the [order granting (Footnote Continued Next Page) J-S75015-17 Mother and D.W. (“Father”), are the natural parents of Child, born in October of 2006. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jal v. Eph
green
2 sentences2016Cognizable rights to custody arise where the legislature specifically authorizes the cause of action, or under the common law doctrine of in loco parentis.5 T.B., supra; J.A.L., supra. In the underlying custody action, the Appellants asserted that they had standing to seek primary physical and shared legal custody pursuant to the following statutory provisions of the Act: § 5324. 2001On March 17, 1997, a hearing officer held a hearing on both standing and custody/visitation. 3 Relying on J.A.L. v. E.P.H., 453 Pa.Super. 78 , 682 A.2d 1314 (1996), the hearing officer concluded that Appellee had standing to seek custody/visitation pursuant to the doctrine of in loco parentis. | 5 | 2001–2016 |
T.B. v. L.R.M.
green
2 sentences2010Pennsylvania recognizes the common law doctrine of in loco parentis. ‘In loco parentis is a legal status and proof of essential facts is required to support a conclusion that such a relationship exists.’ T.B. v. L.R.M., 567 Pa. 222 , 786 A.2d 913, 916 (2001). 2010Pennsylvania recognizes the common law doctrine of in loco parentis. `In loco parentis is a legal status and proof of essential facts is required to support a conclusion that such a relationship exists.' T.B. v. L.R.M., 567 Pa. 222 , 786 A.2d 913, 916 (2001). | 5 | 2007–2013 |
Commonwealth ex rel. Morgan v. Smith
green
2 sentences2001See Commonwealth v. Gerstner, 540 Pa. 116, 124 , 656 A.2d 108, 112 (1995) (“In loco parentis describes a relationship in which one assumes the legal rights and duties of parenthood.” (emphasis in original)); Morgan, 429 Pa. at 565 , 241 A.2d at 533 (in loco parent “puts himself in the situation of a lawful parent by assuming the obligations incident to the parental relationship”); Kransky v. Glen Alden Coal Co., 354 Pa. 425, 428 , 47 A.2d 645, 647 (1946) (in loco parent “assume[s] the rights, duties and responsibilities of a lawful parent to the child”); accord Black’s Law Dictionary 787 (6th 2001See Commonwealth v. Gerstner, 540 Pa. 116, 124 , 656 A.2d 108, 112 (1995) (“In loco parentis describes a relationship in which one assumes the legal rights and duties of parenthood.” (emphasis in original)); Morgan, 429 Pa. at 565 , 241 A.2d at 533 (in loco parent “puts himself in the situation of a lawful parent by assuming the obligations incident to the parental relationship”); Kransky v. Glen Alden Coal Co., 354 Pa. 425, 428 , 47 A.2d 645, 647 (1946) (in loco parent “assume[s] the rights, duties and responsibilities of a lawful parent to the child”); accord Black’s Law Dictionary 787 (6th | 4 | 2001–2001 |
In Re Davis
green
2 sentences2007In re Davis, 288 Pa.Super. 453 , 432 A.2d 600 (1981); see also 42 Pa.C.S.A. § 6302, Dependent child, (4) (stating that a child without a parent, guardian, or legal custodian is a dependent child). 2007In re Davis, 288 Pa.Super. 453 , 432 A.2d 600 (1981); see also 42 Pa.C.S.A. § 6302, Dependent child, (4) (stating that a child without a parent, guardian, or legal custodian is a dependent child). | 2 | 2007–2007 |
E.A., III v. E.C.
green
1 sentence2022Grandparents present the following issues for our review: (1) Did the trial court err as a matter of law in conflating standing for grandparents pursuant to the in loco parentis doctrine and standing pursuant to 23 Pa.C.S. § 5325? (2) Did the trial court err as a matter of law in dismissing grandparents’ petition for partial custody based on a lack of standing? (3) Did the trial court err as a matter of law in denying grandparents’ standing pursuant to the recently decided case of E.A., III v. E.C., [ 259 A.3d 497 (Pa. Super. 2021)]? (4) Did the trial court err as a matter of law in denying gr | 1 | 2022–2022 |
Beltran v. Piersody
green
1 sentence2018Beltran v. Piersody, 748 A.2d 715 (Pa. Super. 2000); see also K.W. v. S.L., 157 A.3d 498, 502 (Pa. Super. 2017) (“Father concedes that the [order granting (Footnote Continued Next Page) J-S75015-17 Mother and D.W. (“Father”), are the natural parents of Child, born in October of 2006. | 1 | 2018–2018 |
D.G. v. D.B.
green
1 sentence2018Likewise, in D.G. v. D.B. and G.V., 91 A.3d 706 (Pa. Super. 2014), grandmother's role was held to be that of caretaker and therefore lacked standing to seek primary physical custody under the in loco parentis doctrine. | 1 | 2018–2018 |
In Re Davis
green
2 sentences2007In re Davis, 502 Pa. 110 , 465 A.2d 614 (1983). *274 A recent panel of this Court analyzed this holding, stating that " Davis stands for the sound proposition that the doctrine of in loco parentis should not be employed when determining whether a child has a parent for purposes of determining whether a child is dependent and thus, whether agency involvement should be initiated." In re C.B., 861 A.2d 287, 297 (Pa.Super.2004). 2007In re Davis, 502 Pa. 110 , 465 A.2d 614 (1983). *274 A recent panel of this Court analyzed this holding, stating that " Davis stands for the sound proposition that the doctrine of in loco parentis should not be employed when determining whether a child has a parent for purposes of determining whether a child is dependent and thus, whether agency involvement should be initiated." In re C.B., 861 A.2d 287, 297 (Pa.Super.2004). | 1 | 2007–2007 |
Peters v. Costello
green
1 sentence2007We acknowledge that the Peters court expressly noted that the in loco parentis doctrine has been invoked “almost exclusively in matters of child custody.” Peters at 111 n.1, 891 A.2d at 710 n.1. | 1 | 2007–2007 |
Commonwealth Ex Rel. Bulson v. Bulson
green
2 sentences1984We affirmed, discussing the doctrine of in loco parentis, and stating that the lower court had, “ample evidence from which to infer that appellant had assumed the obligation himself when he married appellant, knowing that she had a child in need of support.” Bulson v. Bulson, supra 278 Pa.Super. at 10 , 419 A.2d at 1329 . 1984We affirmed, discussing the doctrine of in loco parentis, and stating that the lower court had, “ample evidence from which to infer that appellant had assumed the obligation himself when he married appellant, knowing that she had a child in need of support.” Bulson v. Bulson, supra 278 Pa.Super. at 10 , 419 A.2d at 1329 . | 1 | 1984–1984 |
Rutkowski v. Wasko
green
1 sentence1982In a New York case, Rutkowski v. Wasko, 143 N.Y.S. 2d 1 , (1955), where it was to the child’s best interest that a stepfather be found not to be in loco parentis (because it would deny the child a tort recovery), we find an excellent exposition of the doctrine of in loco parentis. | 1 | 1982–1982 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.